LabSVIFT Quote Request Portal

Quote Request Portal

Customer Information (End User)

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Primary Contact Name*

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End User Agreements

Link to the Terms and conditions of service

(The check box will be activated only after you click on the link to the terms and conditions of service and accept the terms)

Terms and Conditions for LabSVIFT™ Web Service

Last Updated: August 14, 2023

This Terms and Conditions for LabSVIFT™ Web Service (collectively, the "Agreement") are by and between PHC Corporation of North America (hereinafter referred to as "Company") and the organization, legal entity, or business listed as the “Customer” or similar on the LabSVIFT™ Order Intake Form (“Customer”) and govern Customer’s use of the Service.

For the purposes of this Agreement, the “Service” means the LabSVIFT web application provided by Company that allows Customer to retrieve certain data from and in connection with the LabSVIFT™ Transmitter device (the “Transmitter”) used by Customer to collect data from laboratory equipment(s) that is separate from the Transmitter and owned and controlled by Customer (“Laboratory Equipment”). The Service is described in more detail in the LabSVIFT™ Transmitter Manual located at https://labsvift-doc.phcbi.phchd.com/manual/MTR-IOTWE1-PA.pdf and the LabSVIFT™ Web Service Manual located at https://labsvift-doc.phcbi.phchd.com/manual/LabSVIFT_Web_Service_EN.pdf (the “Documentation”).

By submitting the LabSVIFT™ Order Intake Form, or otherwise accessing or using the Service, Customer accepts and agrees to be bound by this Agreement. This Agreement shall apply for the duration of the Contract Period (defined below) and for any subsequent purchases of the Transmitter and Service by Customer from Company or any authorized distributor of Company (hereinafter referred to as “Customer Order”). The individual who completes the LabSVIFT™ Order Intake Form hereby represents and warrants that they have the authority to enter into this Agreement on behalf of Customer and bind Customer hereto.

Article 1 (Service)

Subject to Customer’s compliance with this Agreement, Company hereby grants Customer a limited, non-exclusive, non-sublicensable, non-transferable, royalty-free license to access and use the Web Service, solely in connection with the Transmitter for Customer’s lawful, internal, and non-commercial purposes, and solely in connection with the Laboratory Equipment, strictly in accordance with this Agreement and applicable laws. In no event shall the Service or any Transmitter be used in connection with any medical device regulated by the U.S. Food & Drug Administration (FDA).
The Service will be made available to Customer in accordance with the service level terms located at https://www.phchd.com/us/~/media/biomedical/americas/us/misc/LabSVIFT_SLA_US.pdf (“SLA”), which is hereby incorporated by reference. In the event of conflict between this Agreement and the SLA, this Agreement will control. Notwithstanding the foregoing, Company cannot guarantee that the Service will be available 100% of the time. Company’s sole remedies for any failure to meet the availability standards described in the SLA are detailed in the SLA.
Customer is solely responsible for: (a) making all arrangements necessary for Customer to have access to the Service, including as specified in the Documentation; and (b) ensuring that all persons who access the Service through Customer’s internet connection are aware of this Agreement and comply with them. Customer shall immediately notify Company if it experiences any Service failure or malfunction, in accordance with the SLA.
Customer acknowledges and agrees that Company may, in its sole discretion, change the contents of the Service, amend or update the terms and conditions of this Agreement (which shall be in effect as of the “Last Updated” or similar date in the applicable document), suspend the Service, and/or terminate the Service by notifying Customer of the same (a) by e-mail; or (b) in the Service, or by other means recognizable to Customer. However, in case of urgency, including if Customer violates this Agreement or applicable laws relating to the use of the Service, Company may omit such notice.
Customer hereby acknowledges and agrees that the Service may allow for the sending of informational communications to Customer (and its Authorized Users) via email and SMS text message. Customer represents and warrants that it has obtained all consents and authorizations required by applicable laws to allow Company to communicate with Customer and its Authorized Users via email and SMS text message, to the extent enabled.

Article 2 (Authorized Users)

Customer may permit its own officers, employees, and temporary employees under Customer's direction ("Authorized Users") to access and use the Service solely in accordance with this Agreement. Customer shall ensure that all such Authorized Users are aware of and comply with this Agreement. Customer is liable for any action or inaction of any Authorized User. Any breach of this Agreement by an Authorized User shall be deemed to have been committed by Customer itself, and Customer shall be liable for such breach. For the avoidance of doubt, Authorized Users shall not include Customer’s affiliate(s).
In order to access the Service, Authorized Users may be required to create an account that may include choosing an account username and setting a password. When creating an account for an Authorized User, any information submitted shall be accurate, complete and up-to-date. In no event, shall any Authorized User impersonate anyone else, choose names that are offensive, or violate anyone’s rights in creating an account.
Customer acknowledges and agrees that it is responsible for all activity occurring in connection with any of its Authorized Users’ accounts. Customer and its Authorized Users must keep all account credentials secure and confidential. If Customer has reason to believe someone has accessed or used an Authorized User’s account without permission, Customer must immediately contact Company and take all steps available to change the details of any related account username and password. Company will not be liable for any loss or damage arising from Customer’s failure to comply with these obligations.

Article 3 (Term and Termination)

The Terms are effective as of the date the Transmitter is shipped by Company to Customer (“Effective Date”) and shall continue for an initial term of fourteen (14) months during which Customer starts to use the Service (the “Initial Term”). Customer may then execute a purchase order that renews Customer’s subscription to the Service (each a “Subsequent Term”). The Initial Term together with any Subsequent Terms constitute the “Contract Period.”
Customer may terminate this Agreement, without cause, by providing Company advanced written notice of the same. In such a case, this Agreement and the Service will be terminated at the end of the second (2^nd) month after the date on which the Customer's written notice is received by Company.
Company may discontinue the Service with six (6) months' prior notice to the Customer.
Either party may immediately terminate this Agreement upon material breach by the other party of the terms of this Agreement; provided that, the non-breaching party has provided written notice of the same and given the other party a 15-day opportunity to cure the breach. A cure period is not required in the event: (a) Customer’s breach of its security obligations hereunder; (b) Customer’s breach of the license restrictions or appropriate use restrictions hereunder; (c) Customer’s failure to remit any payment that is due.
Either party may terminate this Agreement without further obligation to the other party when performance of all or part of the obligations under this Agreement becomes impossible due to (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (h) other similar events beyond the reasonable control of the impacted party.
Either party may terminate this Agreement if the other party (a) becomes insolvent, (b) is generally unable to pay, or fails to pay, its debts as they become due, (c) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, (d) makes or seeks to make a general assignment for the benefit of its creditors, or (e) applies for, or consents to, the appointment of a trustee, receiver or custodian for a substantial part of its property or business.
Those provisions of this Agreement that, by their nature, are intended to survive termination of the Agreement shall survive (i.e., Confidentiality, Indemnification, Limitation of Liability).

Article 4 (Service Fee)

Customer shall pay to Company the fees for the Service set forth in the Customer Order.
The billing period for the Service for the Initial Term shall start on the first day of the second month following the shipment of the initial Transmitter by Company, and continue for twelve (12) months (unless otherwise set forth in the Customer Order). The billing period for the Service for each Subsequent Term shall start on the day set forth in the applicable Customer Order and continue for twelve (12) months. If Transmitters are added during the Initial Term or any Subsequent Term, the fees for the Service for such Transmitter will be pro-rated for the remainder of the applicable Initial Term or Subsequent Term.
All fees for the Service non-refundable, even in the event of termination by either party.

Article 5 (Appropriate Use)

Customer shall not engage, and shall not permit any third party to engage, in any of the following:
1. Unauthorized access or attempts to gain unauthorized access to the server on which the Service is stored or operates.
2. Transmitting harmful computer program(s) or packet(s), etc. to the server of the Service, providing computer program(s) or packet(s), etc. that may be harmful to the Service to a third party using the Service, or doing any similar act.
3. Falsification or deletion of Company Proprietary Information (as defined below).
4. Acts that may interfere with the operation of the Service.
5. Misuse of any account credentials, including distribution of any account credentials to any other person or individual not authorized to use the Service.
6. Actions or inactions inconsistent with the instructions for use of the Service found in the Documentation.
7. Acts that infringe or may infringe the copyrights or other intellectual property rights, property, privacy, or other rights or interests of Company or a third party including but not limited to, reverse engineer, decompile, disassemble, analyze or modify the security technology or software used in the Service.

Deleting or changing the copyright identification or trademark identification displayed by Company or a person designated by Company.

Transmission of any illegal or inappropriate content or information via the Service.
Acts of falsifying personal information or other information concerning third parties, or acts of collecting, deleting, encrypting, or acquiring personal information by wrongful or illegal means.
Engaging in any illegal activity that affects the security, property, or rights of Company or any third party.
Acts of accessing the Service in a large volume exceeding the scope of normal usage, acts that are deemed to place an excessive load on the server, or acts of mechanical access (software, programs, robots, crawlers, and the like).
Other acts that violate or may violate the provisions of related laws and regulations, or that significantly damage the relationship of trust between Customer and Company.

If Company determines in its sole discretion that Customer has violated or is likely to violate any of the above restrictions, Company may, without any notice or demand, delete the data related to the unpermitted activity, suspend the use of the Service by Customer and any or all of Customer’s Authorized Users, or revoke any account credentials in whole or in part (in such cases, Company shall not be obligated to provide the Service).

Article 6 (Intellectual Property Rights)

Customer acknowledge that, as between Customer and Company, Company owns all right, title, and interest, including all intellectual property rights, in and to the Service, including all software, hardware, firmware, and derivatives of the same, and, with respect to third-party data or information, the applicable third-party owns all right, title, and interest, including all intellectual property rights, in and to the third-party data, name, image, and likeness, and trademarks. Company’s names and logos and all related product and service names, design marks, and slogans, including LabSVIFT™, are the trademarks or service marks of Company and its affiliates. All rights are reserved. Customer is not authorized to use any Company name or mark in any advertisement, publicity or in any other commercial manner without prior written consent of Company. All other trademarks, trade dress, images, photographs, and other works appearing in connection with the Service are the property of their respective owners. The entire contents and design of the Service are protected by U.S. and international copyright law. All rights regarding the Service and materials contained on or in the Service, including any and all technology, code, or design related to the Services, are either owned by Company, are licensed to it, or are used with permission. Company and its licensors, vendors, or other service providers retain and reserve all intellectual and proprietary rights to the Service. The Service is only for Customer’s personal use. Customer is expected to obey all copyright restrictions. Copying or storing of any content without the prior written permission from Company or the intellectual property holder is prohibited. Please contact Company if Customer desires such permission or needs more information.

Article 7 (Collected Data)

For the purposes of this Agreement, “Customer Data” is the data specific to Customer and its Authorized User’s interaction with and use of the Service; it is the data and information specifically associated with any Authorized User account and may include personal information. Customer grants Company a non-exclusive, worldwide, transferable, sublicensable right and license to collect, use, and disclose the Customer Data in the course of providing the Service and fulfilling Company’s obligations hereunder.
“Customer Data” does not include: (a) any aggregated or de-identified data derived from Customer’s use of the Service and that does not identify Customer and is not capable of re-identifying Customer or any Authorized User (“De-Identified Data”); or (b) statistical technical data related to Customer’s access or use of the Service (“Technical Data”). As between Customer and Company, all De-Identified and Technical Data is solely and exclusively owned by Company. Company may use such data for any lawful purpose, including to manage and improve the performance of the Service, for statistical analysis, and for research, commercial, and development purposes.
Upon termination or expiration of this Agreement, Customer may request that Company delete all Customer Data in its possession that Company is not required to maintain pursuant to applicable law. Customer is solely responsible for exporting any Customer Data that it needs access to post-termination prior to termination of this Agreement. Company will not be liable for any loss or damages in connection with such deletion.
Customer represents and warrants that no personal information of any individuals residing outside of the United States will be transmitted by, submitted to, or otherwise processed by the Service during the Contract Period of this Agreement. Customer acknowledges and agrees that any personal information collected by Company shall be collected, used, and disclosed in accordance with Company’s Privacy Policy located at https://www.phchd.com/us/biomedical/privacy. Company’s Data Processing Addendum located at https://www.phchd.com/us/~/media/biomedical/americas/us/misc/LabSVIFT_DPA_US.pdf is incorporated herein by reference and shall govern the Processing (as defined therein) of any Customer Personal Data (as defined therein) by Company on Customer’s behalf pursuant to this Agreement.

Article 8 (Product Notices and Communications)

Company will promptly provide Customer with written communication regarding a recall, request for a recall, market withdrawal, safety alert, or non-routine issue of Service availability in accordance with its standard operating procedures and quality system. In such event, Company may terminate this Agreement without any further liability to Customer.

Article 9 (Representations and Warranties; Warranty Disclaimers)

Each party represents and warrants (a) it has the full power, capacity, and authority to enter into this Agreement; and (b) its performance of this Agreement does not and will not knowingly violate or conflict with any agreement to which it is a party. Customer further represents and warrants that its access and use of the Service will at all times comply with all applicable federal, state, and local laws, rules, ordinances, and regulations.

COMPANY AND COMPANY’S AFFILIATES, SERVICE PROVIDERS, RELATED ENTITIES, OFFICERS, EMPLOYEES AND AGENTS, DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, LEGALITY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SERVICE IS ACCURATE, ADEQUATE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE IS PROVIDED “AS-IS”. THE SERVICE MAY CONTAIN TECHNICAL ERRORS, TYPOGRAPHICAL MISTAKES, OR OTHER INACCURACIES.

COMPANY DOES NOT WARRANT THAT THE SERVICE WILL:

(1) OPERATE NORMALLY WITH ALL INFORMATION TERMINALS

(2) OPERATE NORMALLY WHEN ANY OPERATING SYSTEM OR OTHER PRIMARY SOFTWARE IS UPDATED.

(3) OPERATE NORMALLY IN THE EVENT OF CHANGES IN THIRD-PARTY SERVICES THAT ARE INTEGRAL TO THE SERVICE.

Article 10 (Limitation of Liability)

IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (1) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (2) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (3) LOSS OF GOODWILL OR REPUTATION; (4) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (5) COST OF REPLACEMENT GOODS OR SERVICES; OR (6) DAMAGE OR INJURY TO PERSON OR PROPERTY, IN EACH CASE REGARDLESS OF WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL COMPANY’S OR ITS AFFILIATES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR CUSTOMER’S USE OF THE SERVICE UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE EXCEED THE TOTAL FEES PAID BY CUSTOMER FOR THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

Article 11 (Indemnification)

Customer shall defend, indemnify and hold harmless Company and its affiliates, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from Customer’s breach of the license restrictions herein, failure by Customer to comply with its security obligations herein, or Customer’s violation of applicable laws, rules, and regulations. Customer shall not settle any such claim without Company’s prior written consent.

Article 12 (Confidentiality)

“Confidential Information” as used in this Agreement means any and all non-public information disclosed by one party or its agents or representatives (“Disclosing Party”) to the other party or its agents or representatives (“Receiving Party”) whether intentionally or unintentionally, or otherwise viewed, heard, accessed, or obtained in any way, during the Contract Period. “Confidential Information” will not include any information (a) in the public domain at or subsequent to the time it was communicated to the Receiving Party through no fault of the Receiving Party; or (b) rightfully in the Receiving Party’s possession free of any obligation of confidence at or subsequent to the time it was communicated to the Receiving Party. Customer Data is the Confidential Information of Customer. The Service, the terms of this Agreement, the Documentation and any other data or information disclosed to Customer regarding the Service is the Confidential Information of Company.
The Receiving Party will not disseminate, or in any way disclose, publish, reveal, report or transfer, directly or indirectly, Confidential Information to any person, organization, entity, or business except as expressly provided herein. In no event shall the Receiving Party use, or permit any third party to use, the Confidential Information for its own personal benefit, or to compete with or disadvantage the Disclosing Party in any way. The Receiving Party will use Confidential Information solely for performing its rights or obligations under this Agreement.
Each party will treat all Confidential Information of the other party with the same degree of care as it accords to its own Confidential Information, and each party represents that it exercises reasonable care at all times to protect its own Confidential Information. The Receiving Party shall be responsible for the conduct of its personnel, directors, officers, subsidiaries, affiliates, employees and representatives regarding the confidentiality and use of the Confidential Information. The Receiving Party shall only disclose the Confidential Information to personnel, service providers, investors, and representatives that are bound by confidentiality obligations that are at least as restrictive as the terms of this Agreement. Company may further disclose Customer’s Confidential Information to its affiliates and related entities as necessary for Company to provide the Service or enforce its rights or obligations under this Agreement.
The Receiving Party will immediately give notice to the Disclosing Party of the date of, and circumstances involved in, any loss of or unauthorized use or disclosure of any Confidential Information. The Receiving Party will assist the Disclosing Party in remedying any such unauthorized use or disclosure of the Confidential Information, including by securing the return of the Confidential Information from the party to whom the Confidential Information was disclosed.
In the event that the Receiving Party is required by law, regulation or court order to disclose any of the Disclosing Party’s Confidential Information, the Receiving Party will promptly notify the Disclosing Party in writing prior to making any such disclosure in order to facilitate the Disclosing Party’s seeking a protective order or other appropriate remedy from the proper authority. Due to the unique confidential, proprietary, unique and valuable nature of the Confidential Information, the Receiving Party acknowledges and agrees that in the event the Receiving Party fails to comply with its obligations hereunder, that monetary damages may be inadequate to compensate the Disclosing Party. Accordingly, the Receiving Party agrees that the Disclosing Party shall, in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of these Terms.
The Receiving Party shall return or destroy the Confidential Information and any copies thereof disclosed by the Disclosing Party without delay after the termination of this Agreement or upon written request from the Disclosing Party. In such case, upon request by the Disclosing Party, the Receiving Party shall provide the Disclosing Party with a certificate to the effect that the Receiving Party has returned or destroyed the Confidential Information.

Article 13 (Assignment)

Customer may not, without the prior written consent of Company, assign, delegate, or transfer its rights or obligations to any third party. Company may assign, delegate, or transfer its rights or obligations under this Agreement without restriction; provided that, Company must give Customer prompt written notice of the same.

Article 14 (Governing Law and Dispute Resolution)

The provisions of this Agreement shall be construed and enforced in accordance with, and any dispute arising out of or in connection with this Agreement, including any action in tort, shall be governed by the laws of the State of Illinois, without regard to its principles of conflict of laws. Each of the parties to this Agreement consents to personal jurisdiction for any equitable or other action sought in any state or federal court in the State of Illinois having subject matter jurisdiction.

Article 15 (Miscellaneous)

The Service, Documentation, and all related technical data are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations and may be subject to export or import regulations of other countries. Customer shall not use, export, re-export, or provide access to the Service or Documentation in any form in violation of any applicable export or import laws of any jurisdiction.
The relationship between the parties is that of independent contractors. Neither party is the agent, employee, or servant of the other. Except as specifically set forth herein, neither party shall have nor exercise any control or direction over the methods by which the other party performs work or obligations under this Agreement. Further, nothing in this Agreement is intended to create any partnership, joint venture, lease, or equity relationship, expressly or by implication, between the parties. Each party acknowledges that the other party will not withhold from any amounts paid pursuant to this Agreement any sums for the payment of federal or state income taxes, including Federal Insurance Contributions Act (FICA), Federal Unemployment Tax Act (FUTA), or State Unemployment Tax Act (SUTA) tax. Each party shall have sole responsibility for the reporting and payment of these taxes for its own respective employees. In the event that the Internal Revenue Service or any other party should question the independent contractor status of the parties, each party hereto agrees that the other party shall have the right to participate, at its own cost, in any discussions or negotiations regarding such status.
This Agreement is not exclusive as to either party. Company may provide similar or identical products or services to any other entity, and Customer may receive similar or identical products or services from any other person or entity.
This Agreement shall be binding upon and inure to the benefit of the parties and their heirs, legal representatives, successors, and assigns.
This Agreement supersedes all prior oral or written representations or communications between the parties and, together with all documents identified in this Agreement, constitutes the entire understanding of the parties, regarding the subject matter of this Agreement. If any provision is determined to be illegal or unenforceable, its invalidity shall not affect the other provisions that can be given effect without the invalid provision. If any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect as if the invalid or unenforceable provision had never been a part of the Agreement. This "Severability" provision shall survive the termination, expiration, non-renewal, or rescission of this Agreement.
The failure of either party to complain of any default by the other party or to enforce any rights of such party, no matter how long such failure may continue, will not constitute a waiver of that party’s rights under this Agreement. Silence by either party about any breach of any provision of this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other provision. No part of this Agreement may be waived except by the written agreement of the parties.

I agree to the Terms and Conditions for LabSVIFT Web Service on behalf of the company named below. I also acknowledge that I am the authorized personnel of the company named below to agree to Terms and Conditions for LabSVIFT Web Service.

Company Name*

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Telephone Number (format: 123-123-1234)*

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Requirements

Equipment to be connected:

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PHCbi/Panasonic/Sanyo
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Manufacturer Selection

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Model Number

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Choose from the following sensors:*

Channel 1*

Do you want the chosen sensor for channel 1 to be calibrated? (Calibration certificate will be provided.)*

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Service Plan:

Plan*

Software setup required?*

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Transmitter pre-programming required for all transmitters?*

Yes
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Field Services

Do you want to use an installation service provided by a service provider? (Installation fees calculated on a case by case basis. Disclaimer: service fee may vary depending on the servicer in your region.)*

Yes
No

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